SF 218 (LSB 1906XS (2) 90)

SENATE FILE 218

BY  SHIPLEY

A BILL FOR

An Act relating to lighting requirements for certain areas under the control of class I or class II railroad corporations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  327D.6  Lighting equipment required —— locations —— reports —— penalties.
   1.  Every class I railroad corporation and class II railroad corporation shall ensure any location under such corporation’s control where a railroad train, as defined in section 321.1, is switched, repaired, inspected, loaded, or unloaded is lighted, naturally or artificially, by a safe type of lighting any time a railroad train is switched, repaired, inspected, loaded, or unloaded.
   2.  Every class I railroad corporation and class II railroad corporation shall maintain the lighting equipment installed in accordance with this section.
   3.  Artificial lighting equipment must provide adequate lighting and minimize light pollution and glare that may affect persons outside of the illuminated area.
   4.  Every class I railroad corporation and class II railroad corporation shall adopt an installation and maintenance schedule and file a report detailing the lighting equipment installation and maintenance schedule adopted by the corporation, the associated costs, and the locations controlled by the corporation that are required to be lighted with the department no later than December 15 of each year.
   5.  A railroad corporation is responsible for all costs associated with the installation and maintenance of the lighting equipment at all required locations under such corporation’s control.
   6.  As used in this section:
   a.  “Class I railroad corporation” means the same as a class I rail carrier, as defined by the federal surface transportation board.
   b.  “Class II railroad corporation” means the same as a class II rail carrier, as defined by the federal surface transportation board.
   7.  Notwithstanding section 327D.17, a violation of this section is a schedule “two” penalty under section 327C.5.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   The federal surface transportation board (STB) is an independent federal agency that is charged with the economic regulation of various modes of surface transportation including primarily freight rail. The STB has defined three classes of railway carriers, designated as class I, class II, and class III respectively according to annual revenue criteria. The STB thresholds, last adjusted for inflation in 2019, for a class I carrier includes a carrier earning revenue greater than $504,803,294. A class II carrier is a carrier earning revenue between $40,387,772 and $504,803,294. A class III carrier is a carrier earning revenue less than $40,387,772. There are seven class I freight railroad companies in the United States and five operate in Iowa.
   This bill requires every class I railroad corporation and class II railroad corporation to ensure any location under such corporation’s control where a railroad train is switched, repaired, inspected, loaded, or unloaded is lighted, naturally or artificially, by a safe type of lighting any time a railroad train is switched, repaired, inspected, loaded, or unloaded. Under the bill, a “railroad train” is an engine or locomotive with or without cars coupled thereto, operated upon rails. The bill defines “class I railroad corporation” to mean the same as a class I rail carrier, as defined by the STB, and a “class II railroad corporation” to mean the same as a class II rail carrier, as defined by the STB.
   The bill requires each applicable railroad corporation to maintain the lighting equipment installed in accordance with the bill. Such artificial lighting equipment is required to provide adequate lighting and minimize light pollution and glare that may affect persons outside of the illuminated area. The railroad corporations must adopt an installation and maintenance schedule and file a report detailing the lighting equipment installation and maintenance schedule adopted by the corporation, the associated costs, and the locations controlled by the corporation that are required to be lighted with the department of transportation no later than December 15 of each year.
   Each railroad corporation is responsible for all costs associated with the installation and maintenance of the lighting equipment at all required locations under such corporation’s control.
   A violation of the bill is a schedule “two” penalty under Code section 327C.5, a fine of not less than $100 nor more than $500 per violation.